Tibbals Flooring Company v. Stanfill

410 S.W.2d 892, 219 Tenn. 498, 23 McCanless 498, 1967 Tenn. LEXIS 369
CourtTennessee Supreme Court
DecidedJanuary 6, 1967
StatusPublished
Cited by25 cases

This text of 410 S.W.2d 892 (Tibbals Flooring Company v. Stanfill) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tibbals Flooring Company v. Stanfill, 410 S.W.2d 892, 219 Tenn. 498, 23 McCanless 498, 1967 Tenn. LEXIS 369 (Tenn. 1967).

Opinion

*500 Mr. Justice Chattin

delivered the opinion of the Court.

This is a -workmen’s compensation ease. The trial judge found the petitioner, Mitchell Stanfill, had suffered an injury arising out of and in the course of his employment with the defendant, Tihbals Flooring Company, and as a result was permanently and totally disabled. Benefits were awarded accordingly.

After defendant’s motion for a new trial was overruled, an appeal was perfected to this Court and errors have been assigned.

The first assignment has for its basis there is no material evidence in the record to support the finding of the trial judge the injury arose out of and in the course of petitioner’s employment.

The facts are that petitioner was employed by the defendant for approximately six years prior to June 4, 1965.

He was fifty-six years of age at the date of the trial on March 10, 1966. He was in good health at the time he began working for defendant in 1958.

Petitioner’s work consisted of taking strips of lumber from a cut-off saw, cutting the ends off the strips, and then placing the strips on a conveyor belt which conveyed the strips to another machine. The work was done in a room of the lumber mill. He worked eight hours a day. The work required constant motion on his part in removing the lumber from the saw and placing it on the belt.

Petitioner continued to enjoy good health until about eighteen months prior to April 23, 1965. During this *501 period, petitioner experienced pains in his chest, dizziness and •weakness daring his work hours and also while off from work.

On April 22, 1965, petitioner and his son went into the country to target practice. When they reached the place they intended to practice, their car was parked and when petitioner got out of the car his heart began to heat “hard.” At the insistence of his wife and son, he went to see Dr. Milford Thompson.

Dr. Thompson diagnosed petitioner’s condition as an auricular fibrillation. That is, he had an irregular heart beat and shortness of breath.

Petitioner continued to work until the first part of June, 1965. At that time he was told by Mr. Charles Tibbals, the President of the Company, that he would be separated from Ms work.

Mr. Tibbals testified Dr. Thompson had told him that petitioner had a rapid heart condition which was associated with high blood pressure. That when he was advised of petitioner’s physical condition he told petitioner the Company had decided it best to separate him from his employment.

Dr. Thompson testified on direct examination as follows:

“Q. And what were your findings?
“A. When I saw him on the first day, he had what I thought was an auricular fibrillation. His heart was completely irregular. There was no blood pressure obtainable on that date. And he gave me a history of having had some Mgh blood pressure. And for several *502 days lie had had an irregular heart beat and had a feeling of shortness of breath.
“Q. Did he also tell you where he was employed?
“A. He did.
“Q. And was that Tibbals Flooring Company?
“A. Yes.
“Q. Did he describe his work at Tibbals?
“A. I asked him.
“Q. And based on your examination, did you make any recommendations to Mr. Stanfill?
“A. Well, I saw Mr. Stanfill on the following day, and every two or three days for about a month. During that time his complete arhythmia of his heart returned to a normal rhythm, and his blood pressure then when he had a normal rhythm was 180 over 100, and it varied from one examination to another, hut usually stayed around 170 over 100 or so, and in about July or August, after observing him over this period of time and his complaint that he was tired and that he was having difficulty in holding up his job, which is mainly light inspection and so forth, I advised him to stop work, since I thought it was putting too much stress and strain on his cardiovascular system.
“Q. Then it was your opinion, based on his history and examination, that continued work would have an adverse effect?
“A. Observation over a period of three months, before I finally decided that regular work that he was doing was a little bit too much for him.
*503 “Q. Did you prescribe medication?
“A. Yes.
‘ * Q. And as a result of the medication, did you have occasion to examine him after taking this medication?
“A. Yes, for three months.
“Q. And did that seem to alleviate his condition?
“A. Yes, he improved under medication. But it didn’t alleviate all of his symptoms, that he was excessively tired, and that when he did a full day’s work that he just barely could go, and that he was short of breath.
“Q. Is it your opinion, based on his history and examination, that medication was essential to maintenance of—
“A. Yes.
“Q. Doctor, in your opinion, would the fact that a person engaged in an activity where his hands and parts of his body were in motion for an 8-hour period, or practically an 8-hour period, would that have an adverse effect upon his heart?
“A. Yes.
“Q. Are you continuing to see Mr. Stanfill?
“A. Yes. As a matter of fact, I saw him on the 11th of this month, and I have seen him regularly since his first visit.
“Q. In your opinion, will his heart condition continue to be with him throughout his life?
“A. Yes.
*504 “Q. Then the treatment of rest and medication, then, would have the effect of alleviating, rather than clearing up or curing his condition? Is that a correct statement?
“A. That’s right. Yes, sir.
“Q. In your opinion, if he resumed a physical activity such as that which he was doing for Tibbals, would that, in your opinion, have an adverse effect?
“A. Yes.”

On cross examination, he testified:

“Q. In your opinion, has this man suffered a heart attack ?
“A. No.
“Q. What would be the correct description of his experience he had when his heart ran away with him?
“A.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Edward P. Landry v. South Cumberland Amoco
Court of Appeals of Tennessee, 2010
Beverly Lockard v. Christopher H. Bratton, M.D.
Court of Appeals of Tennessee, 2009
William A. Baker II v. Homer J. Johnson, Sr.
Court of Appeals of Tennessee, 2009
Foreman v. Automatic Systems, Inc.
272 S.W.3d 560 (Tennessee Supreme Court, 2008)
Lawrence v. E.I. Du Pont De Nemours & Co.
226 F. App'x 498 (Sixth Circuit, 2007)
Helderman v. Smolin
179 S.W.3d 493 (Court of Appeals of Tennessee, 2005)
Janice Young v. John Doe, - Concurring
Court of Appeals of Tennessee, 1999
Barbara Jordan v. Sofamor S.N.C.
Court of Appeals of Tennessee, 1999
Steve Makris v. Bob Kapos
Court of Appeals of Tennessee, 1998
Billie Russell v. Pakkala M.D.
Court of Appeals of Tennessee, 1998
Billie Russell v. Pakkala M.D.
Court of Criminal Appeals of Tennessee, 1998
Boatman's Bank v. Steven Dunlap
Court of Appeals of Tennessee, 1997
Williams v. Sears, Roebuck
Court of Appeals of Tennessee, 1997
King v. Jones Truck Lines
814 S.W.2d 23 (Tennessee Supreme Court, 1991)
Bacon v. Sevier County
808 S.W.2d 46 (Tennessee Supreme Court, 1991)
Price v. Becker
812 S.W.2d 597 (Court of Appeals of Tennessee, 1991)
Tindall v. Waring Park Ass'n
725 S.W.2d 935 (Tennessee Supreme Court, 1987)
Ayers Ex Rel. Ayers v. Rutherford Hospital, Inc.
689 S.W.2d 155 (Court of Appeals of Tennessee, 1984)
Bearden v. Memphis Dinettes, Inc.
690 S.W.2d 862 (Tennessee Supreme Court, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
410 S.W.2d 892, 219 Tenn. 498, 23 McCanless 498, 1967 Tenn. LEXIS 369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tibbals-flooring-company-v-stanfill-tenn-1967.